House Judiciary Committee v. Daly

Major Issue: Whether a federal court will enforce House Judiciary Committee subpoenas seeking oral testimony from two federal prosecutors about their prior work on an ongoing federal prosecution of the president’s son, Hunter Biden.

Case Status: Awaiting District Court ruling.

Case Description:  On March 21, 2024, the House Committee on the Judiciary filed a civil lawsuit in federal court to enforce subpoenas seeking deposition testimony from Mark Daly and Jack Morgan, two federal Tax Division prosecutors who formerly worked for Special Counsel David Weiss on an ongoing criminal investigation of Hunter Biden, son of President Joe Biden. Later relocated to other offices within the U.S. Department of Justice (DOJ), neither prosecutor now works on the Hunter Biden case. The House Judiciary Committee seeks to ask them, during their time working on the Hunter Biden case, why DOJ allowed the statute of limitations to lapse on certain tax charges, why both men initially recommended criminal charges but later reversed course, and whether political interference played a role in the case.  

Procedural Posture: The House Judiciary Committee filed the case in the federal District Court for the District of Columbia. The House Committee filed both a complaint and a motion for a preliminary injunction ordering the two DOJ prosecutors to comply with its subpoenas. The House Committee states that the subpoenas are part of its impeachment inquiry into President Biden. While the two prosecutors indicated a willingness to appear before the committee, DOJ instructed them not to appear, in part because the committee has barred DOJ counsel from attending the depositions and in part because the subpoenas seek information about an open criminal case. On April 5, 2024, the district court held a status conference in the case, reviewed the issues, and directed the parties to meet for the purpose of reaching an accommodation.